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Ralphy
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Reged: 01/30/06
Posts: 2

Fault ground divorce

#71559 - 01/30/06 03:36 PM

I filed for irreconsilable differences after she was arrested for a domestic dispute. She now wants to file a fault grounds divorce claiming an affair has caused the end of the marriage. She thinks that I have had an affair. Who decides if that is the case, a judge? How will she try to use this for property division, child support and other financial issues?

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nh_justme
recently joined

Reged: 02/07/06
Posts: 3
Loc: New Hampshire

Re: Fault ground divorce

[Re: Ralphy]
#75109 - 02/07/06 06:27 AM

I'm by no means a lawyer - but she can't just think that you had an affair - she will have to prove it. Also, whe will have to name the "co-respondent" (the person she thinks you had the affair with) in her case.

Has she actually filed the fault grounds papers or only threatened to?

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Ralphy
recently joined

Reged: 01/30/06
Posts: 2

Re: Fault ground divorce

[Re: nh_justme]
#76806 - 02/10/06 02:14 PM

I have not seen the fault grounds paperwork yet but she threatens a lot of things. She can't prove any affair. She is trying to connect circumstantial evidence to prove an affair, such as phone records.

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divorcedude1
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Reged: 04/10/11
Posts: 8

Re: Fault ground divorce

[Re: Ralphy]
#740557 - 04/10/11 11:02 PM

She needs to prove it. However infidelity does not always change the outcome of the divorce. If you get a biased female judge it may, but most judges dont want to hear a case like that. It involves lots of money, interogatories etc. If she cannot prove it, her lawyer should advise her to not pursue it. Since you filed initially, she would have to file a counterclaim based on adultery. New hampshire still allows fault based divorce but my guess is not for long. Being a Marital Master is not exactly the most coveted job on the bench.

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